WSR 06-08-109

PROPOSED RULES

LIQUOR CONTROL BOARD


[ Filed April 5, 2006, 11:19 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: New WAC 314-24-232, establishes the cost of a wine shipper's permit at $100 annually. As a result of chapter 49, Laws of 2006, the requirements for shipping wine from wine manufacturers directly to consumers are changed and the rules for the current program are repealed.

Repeals WACs implementing the reciprocal wine shipping program and the wine shipper's license: WAC 314-24-230 Wine shipper's license, 314-24-240 Conditions on delivery, and 314-24-250 Labeling requirements for private wine shippers.

Hearing Location(s): Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA, on May 10, 2006, at 9:00 a.m.

Date of Intended Adoption: May 10, 2006.

Submit Written Comments to: Pam Madson, P.O. Box 43080, Olympia, WA 98504-3080, e-mail rules@liq.wa.gov, fax (360) 704-4921, by May 9, 2006.

Assistance for Persons with Disabilities: Contact Pam Madson by May 1, 2006, TTY (800) 855-2880 or (360) 664-1648.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to establish a fee for the new wine shipper's permit that allows wineries to ship their own wine directly to consumers. The existing reciprocal wine shipping program is replaced by chapter 49, Laws of 2006 (ESB 6537) and new conditions for shipping wine from wine manufacturers to consumers are established. Rules implementing the existing program are repealed. Subsequent rule proposals will address additional regulations for the new program.

Reasons Supporting Proposal: The 2006 legislature changed conditions allowing United States wineries to ship their wine directly to consumers in Washington (chapter 49, Laws of 2006, ESB 6537). The new program requires that United States wine producers outside of Washington state obtain a wine shipper's permit that allows them to ship wine directly to consumers in Washington. The liquor control board is authorized to set a fee. This revenue helps to offset the cost of the program. Rules implementing the existing program must be repealed to eliminate conflict with the new law.

Statutory Authority for Adoption: RCW 66.08.030, chapter 49, Laws of 2006.

Statute Being Implemented: Section 2, chapter 49, Laws of 2006.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state liquor control board, governmental.

Name of Agency Personnel Responsible for Drafting: Pam Madson, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1648; Implementation and Enforcement: Lorraine Lee, 3000 Pacific Avenue S.E., Olympia, WA, (360) 664-1600.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal imposes only minor impact on businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required, nor is one necessary for this proposal.

April 5, 2006

Merritt D. Long

Chairman

OTS-8747.1


NEW SECTION
WAC 314-24-232   What is the cost of a wine shipper's permit?   A wine shipper's permit is an annual permit. The fee is one hundred dollars per year.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 314-24-230 Wine shipper's license.
WAC 314-24-240 Conditions on delivery.
WAC 314-24-250 Labeling requirements for private wine shippers.

Washington State Code Reviser's Office